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IN BANK CASE
Bourquin Directs Verdict on Motion of Hurd, Counsel for Defendants.
Charles Trinder and Don W. Jacobus, officers of the Stockmen's Na- tional Bank of Poplar, charged with violation of the national banking laws, were acquitted in federal court Monday morning when Judge George M. Bour- quin directed a verdict of not guilty on all of seven counts. A separate case against Trinder is set for trial this morning.
The directed verdict was made on motion of George E. Hurd, attorney for the defendants, after the evidence of the government had been presented by Assistant District Attorney W. H. Meigs. The two were charged with making loans with shares in the bank as security and with making false en- try in national bank reports. The court held that while the notes of the Stock- men's National bank to the Conrad Trust & Savings bank might be of the nature of a guarantee, not to be de- cided in this case, of the Stockmen's to the Conrad institution, yet they were not of such a nature as is required to be reported in the Stockmen's National bank's report to the comptroller of the currency.
Tells of Organization.
Among the witnesses called by the government were Hollie Fite, who tes- tified as to the organization of the bank; P. B. Bartley, who told of the giving of the notes concerned in the case and their renewal; and V. M. Smith, receiver of the Stockmen's bank, who testified to having received the bank's books, and that they did not show endorsement by the stockholders. Alfred Leyborn, national bank exam- iner, was not present when called as a witness in the case, having been de- layed by a late train. It was then that the defense moved that the court order a directed verdict on the ground of lack of proof. The motion was granted on the first four counts of the indictment.
In offering further evidence on the remaining three counts, charges of making false entries in national bank reports, Didana Griffith, an employe of the bank, was called. She testified to making the report from a copy in the handwriting of Jacobus. Leyburn had then reached court and testified. The motion for a directed verdict was re- newed and granted on the remaining counts.
The charge upon which Trinder will be tried this morning will be that of over-certification of a check by an officer of a national reserve bank.
Set Cases for Butte.
The court ordered that E. H. Wood- ward and James O'Brien be arraigned on the first day of the term at Butte to answer liquor charges, O'Brien be- ing now in jail and Woodward being out on bond.
The government brought suit in the case of Robert Lavelle and others to recover bond from the bondsman, Tim Lavelle, and judgment for the amount of the bond was ordered by the court. Proceedings in the case of Seth J. Newland, who defaulted as a juror, were ordered dropped, when it was shown that he was out of the city at the time of the summons and that they did not reach him.
Other cases set for today are civil cases of the government against indi- viduals.